S.C. Supreme Court finds duty of care when person agrees to provide services to a mentally disabled client

Babcock Center is a private, non-profit corporation based in Columbia that provides housing and other services for people with mental disabilities. "Madison" was a mentally retarded female resident of the Center. Madison left the Center one night, got in a car with former Center residents, had sex with the former residents and contracted sexually transmitted diseases. In Madison ex rel Bryant v, Babcock Center, Madison and her guardian sued the Center, alleging various causes of action. The circuit court granted summary judgment to Babcock Center on the ground it owes no legal duty of care--apparently the trial court believed there was either no duty or a 24-hour duty of constant watch. The Supreme Court reversed, holding that a private person or business entity which accepts the responsibility of providing care, treatment, or services to a mentally retarded or disabled client has a duty to exercise reasonable care in supervising the client and providing appropriate care and treatment to the client.

The trial court also held that the South Carolina Department of Disabilities and Special Needs, which contracted with the Center, owed no duty to Madison. The Supreme Court disagreed, citing the same common law standard as the Babcock Center.